2023-C-01649 Precedential And as. Processed

Brittany Nicole Howe, Individually And As Natural Tutrix Of Grayson Konrad, A Minor v. Samantha Gafford And The Department Of Children And Family Services, State Of Louisiana

Louisiana Supreme Court · Filed March 5, 2024

Also decided on this docket: La., December 12, 2024; La., October 25, 2024

Opinion text

Supreme Court of Louisiana
March 05, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BRITTANY NICOLE HOWE, INDIVIDUALLY
AND AS NATURAL TUTRIX OF GRAYSON
KONRAD, A MINOR
VS.
SAMANTHA GAFFORD AND THE
DEPARTMENT OF CHILDREN AND
FAMILY SERVICES, STATE OF LOUISIANA
No. 2023-C-01649
_ _
_ _ _ _
I
N RE: Jason and Johnna Kunath, et al. - Applicant Other; Applying For Writ Of
Certiorari, Parish of Desoto, 42nd Judicial District Court Number(s) 75561, Court
of Appeal, Second Circuit, Number(s) 55,343-CA;
_ _ _ _ _ _
March 05, 2024
Writ application granted - see briefing notice and Order.
McCal
lum, J., recused.
SJC
JLW
JDH
JTG
WJC
PDG
03/05/2024 "See News Release 010 for any Concurrences and/or Dissents."

fiayremt 6turt
STATE OF LOUISIANA
frrtu (Drlears
CHIEF JUSTICE
JOHN L. WEIMEF
JUSTICES
WLLIAI\4 J, CRAIN
SCOTT J. CRICHTON
JAI\4ES T. GENOVESE
JAY B, MCCALLUM
JEFFERSON HUGHES
PIPER D. GRIFFIN
First District
S6cond District
Third Oistrict
Fourth Oistrict
Fifth Oistrict
Sevonth District
VEFONICA O, KOCLANES
CLERK OF COURT
400 Royal St., Suit6 4200
NEW OFLEANS, LA 70130.8102
TELEPHONE (504) 310-2300
HolvlE PAGE httpr/www.lasc.org
March 05,2024
2023-C-01649 BzuTTANY NICOLE HOWE, ET AL. VS, SAMANTHA
GAFFORD, ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED March 05.2024
MEMORANDUM TO COLTNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this
Court's next available docket. A copy of the official docket with the specific date and time
of oral argument will be mailed out.
Sixth District
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or
other flexible material. In criminal proceedings, the court directs that counsel must file a
brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed
timely filed if mailed on or before the due date. If the brief is received by mail on the first
legal day following the expiration of the delay, there shall be a rebuttable presumption that it
was timely filed. In all cases where the presumption does not apply, the timeliness of the
mailing shall be shown only by an official United States postmark or by official receipt or
certificate from the United States Postal Service, or bona fide commercial mail services such
as Federal Express or United Parcel Service, made at the time of mailing which indicates the
date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label
from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if
received by the clerk on or before the last day ofthe delay for filing.
Re ards.
an Chan
Deputy Clerk
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant
or relator. as the case may be, must file their briefs on or before April l. 2024: and the
respondent on or before April 19.2024.

RC:RC
ccs: All Counsel
Hon. Amy Burford McCartney
Hon. Jeremy M. Evans
Hon. Robin Norman Jones
42nd Judicial District Court: 75561
Court ofAppeal, Second Circuit: 55,343-CA

SUPREME COURT OF LOUISIANA
No.2023-C-01649
BRITTANY NICOLE HOWE,INDIVIDUALLY AND AS NATURAL
TUTRIX OF GRAYSON KONRAD, A MINOR
VERSUS
SAMANTHA GAFFORD AND THE DEPARTMENT OF CHILDREN
AND FAMILY SERVICES, STATE OF LOUISIANA
On Writ of Certiorari and/or Review
Forty-Second Judicial District Court, Parish of Desoto, No. 75561,
Court of Appeal, Second Circuit, No. 55,343-CA.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit- "It is
ordered that the writ of review issue; that the District Court and the Court of
Appeal send up thc record in Duplicate of the case; and that counsel for all parties
be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the
City of Ncw Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 5th day of March, in the year of our
Lord, Two Thousand Twenty-Four.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court